STEM CELL RESEARCH: POLITICAL ACTIVITY

CALIFORNIA BILL SB 253
AUTHORIZING STEM CELL RESEARCH

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Overview:

Bill SB 253 authorizes the use of stem cells for research that will
hopefully lead to new treatments to relieve or cure "chronic, degenerative, and acute
diseases, including diabetes, Parkinson's disease, cancer, and
Alzheimer's disease" which cause suffering to an estimated 128 million Americans.
1 Some religious conservatives oppose such research on
ethical grounds because they personally regard pre-embryos to be human beings. Since
the extraction of cells kills the pre-embryo, many conservative Christians regard
such research as equivalent to murder. 1

The bill had been introduced by state Senator
Deborah V. Ortiz, (D-Sacramento), and co-authored by Assembly Member
Wayne. Governor Gray Davis signed the bill into law on 2002-SEP-20. Davis
simultaneously signed a bill that permanently bans all human cloning in the
state for reproduction purposes -- i.e. any effort to create a cloned
individual. This is the first law in the U.S. that specifically authorizes
research into the potential of stem cells for therapeutic purposes, whether
extracted from adults or embryos. It takes effect on 2003-JAN-1.

The following is quoted from the California Senate web site, the contents of
which we believe to be in the public domain. 1

Legislative Counsel's Digest:

Under existing law, it is unlawful for any person to knowingly
acquire, receive, sell, promote the transfer of, or otherwise
transfer any human organ, for purposes of transplantation, for
valuable consideration.

Under existing law, human tissue may be removed in certain
circumstances from human remains for the use of the tissue by
authorized donees, including, but not limited to, physicians,
hospitals, and educational institutions, for transplant, therapeutic,
or scientific purposes.

This bill would declare that the policy of the state shall be that
research involving the derivation and use of human embryonic stem
cells, human embryonic germ cells, and human adult stem cells from
any source, including somatic cell nuclear transplantation, shall be
permitted, as specified. This bill would require a health care
provider delivering fertility treatment to provide his or her patient
with specified information. The bill would authorize a donation of
a human embryo pursuant to specific requirements and would prohibit
the purchase or sale of embryonic or cadaveric fetal tissue for
research purposes.

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Text of the law:

The People of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the
following:
(a) An estimated 128 million Americans suffer from the crippling
economic and psychological burden of chronic, degenerative, and acute
diseases, including diabetes, Parkinson's disease, cancer, and
Alzheimer's disease.
(b) The costs of treatment and lost productivity of chronic,
degenerative, and acute diseases in the United States constitutes
hundreds of billions of dollars every year. Estimates of the
economic costs of these diseases does not account for the extreme
human loss and suffering associated with these conditions.
(c) Stem cell research offers immense promise for developing new
medical therapies for these debilitating diseases and a critical
means to explore fundamental questions of biology. Stem cell
research could lead to unprecedented treatments and potential cures
for diabetes, Alzheimer's disease, cancer, and other diseases.

(d) The United States and California have historically been a
haven for open scientific inquiry and technological innovation and
this environment, coupled with the commitment of public and private
resources, has made the United States the preeminent world leader in
biomedicine and biotechnology.
(e) California's biomedical industry is a critical component of
the state's economy that provides employment in over 2,500 companies
to over 225,000 Californians, pays $12.8 billion in wages and
salaries, invests more than $2.1 billion in research, and reports
nearly $7.8 billion in worldwide revenue, and would be significantly
diminished by limitations imposed on stem cell research.
(f) Open scientific inquiry and publicly funded research will be
essential to realizing the promise of stem cell research and to
maintain California's worldwide leadership in biomedicine and
biotechnology. Publicly funded stem cell research, conducted under
established standards of open scientific exchange, peer review, and
public oversight, offers the most efficient and responsible means of
fulfilling the promise of stem cells to provide regenerative medical
therapies.
(g) Stem cell research, including the use of embryonic stem cells
for medical research, raises significant ethical and policy concerns,
and, while not unique, the ethical and policy concerns associated
with stem cell research must be carefully considered.
(h) Public policy on stem cell research must balance ethical and
medical considerations. The policy must be based on an understanding
of the science associated with stem cell research and grounded on a
thorough consideration of the ethical concerns regarding this
research. Public policy on stem cell research must be carefully
crafted to ensure that researchers have the tools necessary to
fulfill the promise of stem cell research.

SECTION 2:

Article 5 (commencing with Section 125115) is added to
Chapter 1 of Part 5 of Division 106 of the Health and Safety Code, to
read:

Article 5. Stem Cell Research:

125115.

The policy of the State of California shall be as
follows:
(a) That research involving the derivation and use of human
embryonic stem cells, human embryonic germ cells, and human adult
stem cells from any source, including somatic cell nuclear
transplantation, shall be permitted and that full consideration of
the ethical and medical implications of this research be given.
(b) That research involving the derivation and use of human
embryonic stem cells, human embryonic germ cells, and human adult
stem cells, including somatic cell nuclear transplantation, shall be
reviewed by an approved institutional review board.

125116.

(a) A physician, surgeon, or other health care
provider
delivering fertility treatment shall provide his or her patient with
timely, relevant, and appropriate information to allow the individual
to make an informed and voluntary choice regarding the disposition
of any human embryos remaining following the fertility treatment.
(b) Any individual to whom information is provided pursuant to subdivision (a) shall be presented with the option of storing any
unused embryos, donating them to another individual, discarding the
embryos, or donating the remaining embryos for research.
(c) Any individual who elects to donate embryos remaining after
fertility treatments for research shall provide written consent.

125117.

(a) A person may not knowingly, for valuable
consideration, purchase or sell embryonic or cadaveric fetal tissue
for research purposes pursuant to this chapter.
(b) For purposes of this section, "valuable consideration" does
not include reasonable payment for the removal, processing, disposal,
preservation, quality control, storage, transplantation, or
implantation of a part.
(c) Embryonic or cadaveric fetal tissue may be donated for
research purposes pursuant to this chapter.

Reaction to the new law:

As expected, reaction to the law was split. Conservative Christians
condemned Governor Davis' action:

Ken Connor, President of the Family Research Council wrote that Davis
had put "profits and politics ahead of principle. Gov. Davis is simply
pandering to the noisy, well-heeled biotech lobby and the pro-abortion crowd
that spurns any recognition of the legal status of the unborn. Such research on
human embryos violates the Hippocratic injunction that physicians "First, do no
harm." It seeks to establish the utilitarian ethic that the ends justify the
means and attempts to bypass President Bush's executive order limiting this
research to specific cell lines. Doubtless some politicians are salivating over
the economic windfall this decision could bring to the state--at the expense of
innocent human life.2

Meanwhile, SiliconValley.com posted an article by the Mercury News
which said: "Scientists said the signing of the
stem-cell research bill is a symbolic boost for the controversial research that
could lead to breakthroughs in treatments of spinal-cord injuries and diseases
including Parkinson's and Alzheimer's. 'Stem-cell research is responsible
research that could potentially save millions of lives,'' Davis said at a press
conference featuring actor Christopher Reeve, who has championed the research
since he was paralyzed in a horseback-riding accident. 'With world-class
universities, top-flight researchers and a thriving biomedical industry,
California is perfectly positioned to be a world leader in this area.' ''
3

State Senator Deborah V. Ortiz, who introduced the bill into the Senate said:
"When we calculate the cost to our health care system and human suffering
and pain, we understand the promise of the next level of treatment [that may
come from stem-cell research]. I'm just hoping the rest of the
country understands that where California is going is where they should also
embark.'' She noted that the law conflicts with one of two therapeutic
cloning/stem cell research bills now being considered in the Federal Senate.
Whether a federal law would nullify the state law is unclear; it would probably
have to be decided by the courts.

David Gollaher, CEO of the California Healthcare Institute, a biomedical
industry group, is reported as saying that stem-cell research: "is the most
promising area in human biomedical research today. What the governor has done is
give a government seal of approval to something that is so important to millions
of patients.''

Christopher Reeve, 4 a strong promoter of stem cell
research because of its potential to cure paralysis said that: "The political
debate has had a chilling effect on our scientists. It is painful to contemplate
what advances could have been made.'' 3

Bioethicist Dr. Nigel Cameron condemned Davis' signing of
the bill. He said: "We know that adult stem cells, which have no ethical problem, can do the
job, as well. So [Davis' action] isn't necessary and is
plainly a political gesture." Actually, stem cell researchers
generally agree that adult stem cells are quite limited in their potential,
when compared to cells derived from embryos. 5

Joni Eareckson Tada is a singer and host of the radio well-known
Christian radio program "Joni and Friends." She was paralyzed as a
result of a diving accident. Commenting on the possibility of stem cell
research finding a cure for paralysis, she said: "I would never, ever
want any benefit at the expense of another human being, and make no mistake,
these embryos are human embryos....There are more important things in life
than walking." 5,6